[Solved] enforcement hearing

Hi,

You should write a position statement of 2 pages, about what has been going on and why you made enforcement application:

https://childlawadvice.org.uk/information-pages/writing-a-position-statement/

email it to court as soon as possible.

There is some info here about what happens with enforcement hearings. Most often an order is varied during enforcement hearing:

https://voiceofthechild.org.uk/kb/child-arrangement-orders-and-enforcement/

thank you
do you know if i need to send any evidence in ? i have everything ready to go just waiting on the post to deliever the court date and time to see if it has any info for me in there, do i need to send any copies to the ex ?

I would briefly discuss any potential evidence in the position statement. I assume you have an order in place at the moment then and the ex is not complying to this? If so, what reasons is she giving to prevent contact continuing?

Have you been seeing the kids at all or is she offering phone calls/video calls?

il give you a brief background of my situation, had to take ex to court as access was stopped to my children after I got with my partner, it took 8 months to get through court and get the order as she through all kind of accusations my way we both had solicitors at that point, i got the court order was awarded every other weekend and tea for 1 night during the week 2 separate weeks of holidays to given 2 months notice to go either in this country or abroad, alternate xmases and birthdays spend with the person the children will be with on that day. ever since the court order its been a nightmare when the kids birthdays fell on my days she would stop access aswell as Christmas when it was my year, when they would come for the weekend i would get abusive messages when they went back she must sit them down and grill them about what they have done even to the point of I was stopped access as i had given them jam sandwiches for lunch on the sat and sun as that is what they asked for. she stopped access because she demanded I send her pictures of the clothes I had bought the kids to see if they was suitable (in her eyes) she said I had to communicate through her or her mother (they live next door to each other so drop off and pick ups are awful) when I refused to go through her mother she dragged the kids out my car and told me to take her back to court this was last sept, it doesn't say anywhere in the court order that i need to go through her mother so that's when i applied for the enforcement order since then she's been posting online that she stopped me from having my kids as they was in danger she's said my partner tried to get my kids run over then it was that I'm taking drugs and now she's come up with that I leave me kids unattended in the house and go out drinking, its ridiculous when is this ever going to stop
sorry for the rant

from applying for the enforcement order in sept its taken caffcass till the 12th of jan to get there report over to court and our court date is next week so if anyone's looking at a timeframe that's how long its taking at the moment.

iv told caffcass exactly what has happened and that I'm concerned over my children's mental health and how all this stop start contact could effect them long term, im telling them when i drop them off daddy will see you on such a day and then she stops me and tells them I never turned up this must be doing damage to them.

ex has told caffass these safety issues she has made up in her head so I'm not sure what's going to happen at court now

I'm going to ask the court to vary the order so I don't have to pick or drop off the kids outside her and her mothers but from school instead so I don't have to have any contact with her iv got my fingers crossed

she's offered me contact but has to be at her house under her supervision iv been to see them twice she follows me into every room and all she does is slag my partner off and try and argue with me in front of my boys I don't want that for them so I stopped going

That sounds quite messy, you are doing the right thing to suggest picking them up from school so it will reduce conflict. I don't understand why she is now suggesting supervised contact at her place, that obviously is not what the order suggests. I had an enforcement hearing recently myself and the judge allowed it to be heard as a variation of the order as my ex was being unreasonable and he was well on my side which was nice for a change.

I hope it goes well for you!

i have wrote my position statement but i have no idea if its right its 2 pages and i think i have got all my points across, im just hoping for the best she just doesn't want me to have any contact with my children and she has admitted this which i have evidence of also
hoping for the best as she will come out with anything she can try and use against me

hi,

all those points you mentioned above, I would make sure their in your position statement. if court order let you have kids stay at your place, then it's very silly that she went against this and made it into supervised contact at her place, which can easily land you in more trouble if she created false allegations there and gets police involved.

I think court will ask for a 3rd party to arrange communication and do handovers. don't send any pictures of what clothing you have purchased or what you do at your place. frankly it's none of her business and she is being very controlling.

I haven't sent any pictures of clothing or what we are doing that's when she denies access when I don't meet her demands, she stopped me taking them abroad last year as she wanted to be the 1st one to take them even though i gave her more then enough notice as per the order. I know she will suggest her mother for a 3rd party communication but she's as bad as the ex (apple doesn't fall far from the tree) and she wont agree on anyone else, my partner has offered as she is very level headed and good at conflict which my ex has refused when I offered as a alternative she says its either her or her mother
my boys are 7 and 5 and I have missed out on around 2 years of there lives since we split due to her trying to control everything she's even stopped them from staying over as my boys share with my partners son of 9yrs even though there is a triple bunk in there she thinks its "disgusting" they have to share with my partners son.

i have put in my position statement that i would like them to consider pick ups/drop offs from school, in the holidays meet at a supermarket carpark away from her house, shared residence and i will provide a telephone number for emergencies' and child arrangements only this will be a separate phone just for that purpose.

i really hope they consider this as i think it will be best for the kids

I’m pretty much in the same boat and at the same stage this time round through court. This is my 3rd time at family court but this time I have used a Mckenzie friend to assist in writing my position statements.
In a round about way I have got everything I’ve asked for in the previous 2 statements this is after not seeing my child for 8 months at all.
Each one has cost around £70 but worth every penny. It was 10 months I didn’t see my child first time at court. I’m hoping this is my final time at court but I doubt it.

I had the same issue regarding handovers and asked for the handover to be at a mutual location ( ours was a local supermarket carpark )

We also used a handover book so no verbal communication was necessary. This said help the reduce the conflict. Maybe a suggestion you could put forward. It’s also what cafcass recommended for us .